In Brief
A tenant in Assam challenged his eviction from a rented shop room. The landlord and tenant had entered into an agreement in 1988 providing for rent of Rs. 2400 per month on a newly constructed building, with Rs. 1200 to be adjusted against an advance of Rs. 1,00,000. The tenant paid only Rs. 700 per month (the old rate) and later deposited this amount in court. The courts below found the tenant in default because the agreed lawful rent was Rs. 2400, not Rs. 700. Even after adjusting the full advance, a shortfall of Rs. 7614 remained. The Supreme Court upheld the eviction, holding that deposits of unauthorised amounts do not constitute valid tender under rent control law and that an admitted agreement cannot be unilaterally ignored.
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